A laid-off Floyd County School employee is suing Superintendent Jeff McDaniel and the school system.

The lawsuit filed by an Atlanta attorney represents Coosa High Counselor Gilda Day and other unnamed Floyd educators who lost their jobs to the Reduction in Force plan, which was enacted in February to keep the system treading water finically in 2014.

According to the suit, Day filed some 25 Open Records Act requests for documents relating to the RIF action so she could prepare for her Fair Dismissal Hearing on April 8th. The school board charged Day $5,000 to gather the documents, which they have now said cannot be delivered until after her hearing.

Day’s Attorney, Julie Oinonen says this isn’t even the most troubling thing of all.

“The superintendent and the board has now stated through their attorney that they do not believe they are required to comply with the Fair Dismissal Act and that, if they want too, they can take away tenured educators right to a Fair Dismissal. This is not the Law. This was not the intent of the Charter. This was not the intent of the former superintendent Plunkett,” Oinonen says.

“Under Georgia Law, and the Board of Education Policy, educators are entitled to have a Fair Dismissal Hearing---regardless if the system is a charter system or not," she says.

These documents Oinonen is requesting include text messages sent by the Superintendent to school board members.

Day isn’t the first RIF’d employee Oinonen has represented.

The Atlanta Journal Constitution reports that Oinonen filed a lawsuit against the DeKalb County School Board in August, requesting similar open records requests which included the superintendent’s text messages. The suit was dismissed days after the employee was rehired.